Pensioner sentenced after schoolgirl crash death

Family handout A smiling Scarlett RossboroughFamily handout
Scarlett Rossborough died after being struck by a car in August 2023

A 92-year-old man who knocked down and killed an eight-year old schoolgirl has been given a suspended sentence.

Scarlett Rossborough, eight, from Larne, died after being struck by a car driven by John Noble Lindsay in Carrickfergus in August 2023.

His car had mounted the footpath, striking Scarlett and at least two other children before colliding with a wall, trapping the eight-year-old.

Lindsay, of Prince Andrew Way in Carrickfergus, admitted a charge of causing Scarlett's death by dangerous driving.

In December, Judge Patricia Smyth said she would be imposing a 10-month sentence upon Lindsay, which would be suspended for 12 months, "when he is well enough" to be sentenced.

On Friday, he was handed the sentence at Belfast Crown Court.

Due to ailing health he was excused from attending Friday's hearing and appeared via video link.

The former police officer has also been banned from driving for five years.

Sentencing, Judge Patricia Smyth described Scarlett as "the kindest, most sensitive, empathetic little person".

"The enormity of the tragedy cannot be put into words, she said.

The judge added: "She was determined and she was passionate. She was such a talented little girl.

'Empty chair'

"Scarlett was a little girl who had a business head on her shoulders. She had plans for her future. She saw herself owning an apartment in New York."

The judge endorsed calls from Scarlett's family in relation to the proposed Scarlett's Law, seeking a change in legislation regarding very elderly drivers in the interests of public safety.

Judge Smyth spoke of Scarlett's love of sports, music and art and how much she adored spending time with her family.

She continued: "Scarlett's home was a very happy place. There were pizza nights and movie nights, they spent time together as an ordinary family ... and how precious that time is now.

"Now there's just an empty chair when the family sits down."

Scarlett's family, the judge added, "has suffered and continues to suffer".

Her mother, judge Smyth said, "has counted the days she had with her little daughter - 3,243 days" adding she has been left "haunted by the details of this tragedy, as any mother would be."

Scarlett's father's life has been "ripped apart" and he has struggled to comprehend how he lost his daughter, the judge said.

No sentence, she added, could bring them any comfort or make any difference to the grief they felt.

Alan Lewis/Photopress John Noble Lindsay in dark blue/light blue jumper
Alan Lewis/Photopress
John Noble Lindsay appeared at Friday's sentencing via videolink

Car mounted footpath

On the day of the crash, 9 August 2023, Scarlett, who attended Linn Primary School in Larne, was part of a group of children and adult leaders from a community centre summer scheme on a day out to Carrickfergus Castle.

Crown barrister David Russell KC said that as the group was walking along the footpath on High Street, Lindsay's car mounted the footpath and struck three children.

Prior to the collision, Lindsay had parked his car in a disabled parking space.

Mr Russell said that after initially parking his car, Lindsay was captured on CCTV exiting the vehicle then getting back into the car.

He then attempted to re-park the car and began moving the vehicle backwards and forwards several times.

Saying this was "presumably an effort to move his car closer to the kerb", Mr Russell said "as the car reversed once more, with the front wheel steered to the right, it's movement was initially slow before suddenly accelerating.

"The car mounted the footpath, striking Scarlett and at least two other children, then collided with the wall of an adjacent building, trapping Scarlett between the rear of the vehicle and the wall."

Two other children were thrown into the doorway of a shop but didn't suffer any serious injury.

'Frail and sick man'

Addressing Lindsay, Judge Smyth said she recognised that "you have been devastated by causing Scarlett's death but that you also recognise that how you feel counts for nothing in comparison to what her parents and her family are suffering".

The judge acknowledged he had been driving for 72 years and had a completely clear driving record, the Judge revealed that he surrendered his licence the day after he killed Scarlett.

She also accepted Lindsay was a "frail" and "very sick man" with a range of health issues and who has a life expectancy of between nine months and a year.

Judge Smyth said she had taken into account Lindsay's ill health, his "extreme" age, his "previous unblemished character" and his plea to the charge when handing down the sentence.